Except as otherwise provided in subsection 5, if the license of any person whose license is essential to the operation of a gaming establishment:
Is revoked by the Commission;
Is suspended by the Commission;
Is surrendered because the gaming establishment or the ownership thereof has been conveyed or transferred to a secured party who does not possess the licenses necessary to operate the establishment,Ê only the Commission may ex parte petition the district court for the county in which the gaming establishment is located for appointment by the court of a supervisor to manage the establishment. The petition is discretionary with the Commission and this chapter does not create any property right or interest in continued gaming at the establishment.
The petition must contain the names of two or more persons who the Commission believes are suitable and qualified to manage a gaming establishment and are available for appointment as a supervisor unless, in the opinion of the Commission, only one person is available who is qualified to serve, in which case the Commission may name only that person.
Upon receipt of such a petition, the court shall appoint as supervisor of the gaming establishment a person who is listed in the petition. The court shall immediately notify the Commission of the appointment. Upon receipt of notice from the court, the Commission shall immediately notify all interested licensees.
The petition may be presented pursuant to this section even if time has not expired for a petition for judicial review of the final determination of the Commission to revoke or suspend the gaming license.
The Commission shall not petition any court for the appointment of a supervisor pursuant to this section if:
The gaming establishment has never been in operation and opened to the public.
A rehearing has been granted by the Commission to the licensee on the revocation or suspension of his or her license and the rehearing has not been concluded.
The gaming establishment is, or reasonably appears to be, insolvent.
If the Commission does not petition for the appointment of a supervisor, no district court of this state may issue an order which allows gaming to continue at the establishment.